[Federal Register Volume 70, Number 66 (Thursday, April 7, 2005)]
[Proposed Rules]
[Pages 17623-17624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6960]


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FEDERAL TRADE COMMISSION

16 CFR Part 410


Deceptive Advertising as to Sizes of Viewable Pictures Shown by 
Television Receiving Sets

AGENCY: Federal Trade Commission.

ACTION: Request for public comments.

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SUMMARY: The Federal Trade Commission (``FTC'' or ``Commission'') 
requests public comment on the overall costs, benefits, and regulatory 
and economic impact of its Rule concerning Deceptive Advertising as to 
Sizes of Viewable Pictures Shown by Television Receiving Sets (``Rule'' 
or ``Picture Tube Rule''), as part of the Commission's systematic 
review of all current Commission regulations and guides.

DATES: Written comments will be accepted until Monday, June 6, 2005.

ADDRESSES: Interested parties are invited to submit written comments. 
Comments should refer to ``Picture Tube Rule Regulatory Review, Matter 
No. P924214'' to facilitate the organization of comments. A comment 
filed in paper form should include this reference both in the text and 
on the envelope, and should be mailed or delivered to the following 
address: Federal Trade Commission/Office of the Secretary, Room H-159 
(Annex B), 600 Pennsylvania Avenue, NW., Washington, DC 20580. Comments 
containing confidential material must be filed in paper form and the 
first page of the document must be clearly labeled ``Confidential.'' 
The FTC is requesting that any comment filed in paper form be sent by 
courier or overnight service, if possible, because postal mail in the 
Washington area and at the Commission is subject to delay due to 
heightened security precautions. Comments filed in electronic form 
should be submitted by clicking on the following: https://secure.commentworks.com/ftc-picture and following the instructions on 
the Web-based form. To ensure that the Commission considers an 
electronic comment, you must file it on the Web-based form at https://secure.commentworks.com/ftc-picture.
    The FTC Act and other laws the Commission administers permit the 
collection of public comments to consider and use in this proceeding as 
appropriate. The Commission will consider all timely and responsive 
public comments that it receives, whether filed in paper or electronic 
form. Comments received will be available to the public on the FTC Web 
site, to the extent practicable, at http://www.ftc.gov. As a matter of 
discretion, the FTC makes every effort to remove home contact 
information for individuals from the public comments it receives before 
placing those comments on the FTC Web site. More information, including 
routine uses permitted by the Privacy Act, may be found in the FTC's 
privacy policy, at http://www.ftc.gov/ftc/privacy.htm.

FOR FURTHER INFORMATION CONTACT: Neil Blickman, (202) 326-3038, 
Attorney, Division of Enforcement, Bureau of Consumer Protection, 
Federal Trade Commission, 600 Pennsylvania Avenue, NW., Washington, DC 
20580.

SUPPLEMENTARY INFORMATION:

I. Background

    The Commission's Picture Tube Rule, like the other trade regulation 
rules issued by the Commission, ``define[s] with specificity acts or 
practices which are unfair or deceptive acts or practices in or 
affecting commerce. Such rules may include requirements prescribed for 
the purpose of preventing such acts or practices. A violation of a rule 
shall constitute an unfair or deceptive act or practice in violation of 
section 5(a)(1) of the [Federal Trade Commission] Act, unless the 
Commission otherwise expressly provides in its rule.'' 16 CFR 1.8.
    The Picture Tube Rule, promulgated in 1966, sets forth the 
appropriate means for disclosing the method by which the dimensions of 
television screens are measured, when this measurement is included in 
any advertisement or promotional material for the television set. The 
purpose of the Rule is to establish uniformity in measuring television 
screens, and advise consumers of this method, thereby aiding comparison 
shopping for televisions. Under the Rule, any representation of the 
screen size must be based on the horizontal dimension of the actual, 
viewable picture area. Using any other measurement is unfair and 
deceptive, unless the method of measurement is clearly and 
conspicuously disclosed in close proximity to the size designation. The 
Rule notes that the horizontal measurement must not take into account 
any curvature of the tube. Further, disclosing the method of 
measurement in a footnote rather than in the body of the advertisement 
does not constitute a disclosure in close proximity to the measurement. 
The Rule includes examples of both proper and improper representations 
of size descriptions.
    In 1994, the Rule was amended to clarify some of the Rule's 
compliance illustrations, provide metric equivalents for the 
measurements stated in inches in the Rule's examples, and add a new 
Note 3 to the Rule to explain that the inclusion of metric figures is 
for information purposes only and does not impose a requirement on the 
industry to use metric measurements. 59 FR 54809 (Nov. 2, 1994).
    Since the Rule was last subject to regulatory review and amended in 
1994, broadcasting and television technology have advanced 
significantly, and an array of new types of televisions are available 
in the marketplace for consumers. The technological change with the 
closest nexus to the Rule is the introduction of digital television, 
including high definition television, and the advent of new wider 
screen televisions to display these enhanced digital pictures. New 
television display technologies available today include thin, flat 
panel televisions with either liquid crystal displays or plasma display 
panels. In addition, there have been advances in the quality and 
popularity of front and rear, big screen, projection televisions. 
Accordingly, the Commission seeks comment on the effect, if any, that 
advances in television technology have had on the Rule.

II. Regulatory Review Program

    The Commission has determined to review all Commission rules and 
guides periodically. These reviews seek information about the costs and 
benefits of the Commission's rules and guides and their regulatory and 
economic impact. The information obtained assists the Commission in 
identifying rules and guides that warrant modification or rescission. 
Therefore, the Commission solicits comment on, among other things, the 
economic impact of its Picture Tube Rule; possible conflict between the 
Rule and state, local, or other federal laws; and the effect on the 
Rule of any technological, economic, or other industry changes.

III. Request for Comment

    The Commission solicits written public comment on the following 
questions:
    (1) Is there a continuing need for the Rule as currently 
promulgated?
    (2) Has the television industry adopted the Rule's disclosure 
requirements as part of its routine business practice? If so, how, and 
what

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effect, if any, does this have on the continuing need for the Rule?
    (3) What benefits has the Rule provided to purchasers of the 
products or services affected by the Rule?
    (4) Has the Rule imposed costs on purchasers?
    (5) What changes, if any, should be made to the Rule to increase 
the benefits of the Rule to purchasers? How would these changes affect 
the costs the Rule imposes on firms subject to its requirements? How 
would these changes affect the benefits to purchasers?
    (6) What significant burdens or costs, including costs of 
compliance, has the Rule imposed on businesses, whether large or small, 
subject to its requirements? Has the Rule provided benefits to such 
businesses? If so, what benefits?
    (7) What changes, if any, should be made to the Rule to reduce the 
burdens or costs imposed on firms subject to its requirements? How 
would these changes affect the benefits provided by the Rule?
    (8) Does the Rule overlap or conflict with other federal, state, or 
local laws or regulations?
    (9) Since the Rule was issued, what effects, if any, have changes 
in relevant television technology, such as the 16:9 aspect ratio for 
high definition television displays, marketing methods, such as online 
sales, or economic conditions had on the Rule?

List of Subjects in 16 CFR Part 410

    Advertising, Picture tubes, Television sets, Trade practices.

    Authority: 15 U.S.C. 41-58.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 05-6960 Filed 4-6-05; 8:45 am]
BILLING CODE 6750-01-P